In order to incorporate a (CLBG), which isEternal Blessing Homes Berhad, a company shall lodge an application inaccordance with a constitution to Registrar. There are some conditions andobjects that allowed CLBG to be formed, which included the promotions of art,religion, science, charity and also providing recreation and amusement. Thedirector shall ensure that the purposes of incorporating a company which is hasbeen fulfilled with the conditions and requirements. For the pre-incorporationcontracts, it shall be binding with the company if the company ratifies itafter its corporation.
The person who incorporated the company will be soon beliable for entering the contract it excluded the provision dealing with anagreement to eliminate a promoter from being liable for the contracts.Before incorporating a CLBG there is arequirement of having a founder or director and, the person shall be fitand proper and qualified In order to fulfil the requirement of the director forthe purpose of operating the company Registrar may consider the experience andqualification of the director which insist within the director to carry out hisduties with the best interest. Conducts, reputation and character of thedirector are also the factors of appointing a director by Registrar If a personis thinks fit and proper Registrar may approve the applicant as a director Josephand Mary shall pay an application fees of RM300 to obtain the approval ofMinister in order to appoint a director in the company. Instead of payingRM300, Joseph and Mary can pay RM100 for the approval of Registrar. Documentsthat are required to lodge to CCM shall include the application letter, withthe contents of reasons of director appointment and main activities of CLBG acopy of constitution IC copy biodata of the director the statutory declarationfrom a person and a copy of approval letterMoreover, there is a requirement of havinga constitution and it shall be include the name of the company, theobjects of the company, the amount of assets that contributed by the members,details of the subscribers and the statements provided by the subscribersJoseph and Mary shall submit the company’s constitution to the Registrar forthe purpose of application of incorporation.
A model constitution will be prepared by the Registrar and adopted bythe CLBG, which is the Eternal Blessing Homes Berhad.For the application of the name of thecompany, Eternal Blessing Homes Berhad has the right to apply to the Ministerto obtain a license for the purpose of omitting the work ‘Bhd” from their name.Terms and condition shall be complied or else the license may be revoked.Applying to the case, as the name of the company is Eternal Bossing Homes Berhad,the word ‘Berhad’ can be omitted by complying with the terms and condition ofthe Minister. For a new incorporated CLBG, if the company would like to omitthe word ‘Berhad’ from the name of the company, estimated income andexpenditure for 2 years from the commencement date of incorporation is needed.Estimated income and expenditure is needed to show the contribution from thedonor as accordance with the reference of Example 4. For CLBG, the companyshall be incorporated prior in order to commence with the The object clauseshall be falls not within but outside the scope of the Guidelines. There is amust of submission of applications to the SSMAs per the Checklist 2, the company shallcomply with the The first step to form a company limited by Guarantee is bylodging the applications and receive the approval from Registrar.
Anapplication fees of RM200 shall be paid and it is for the purpose of obtainingthe approval by Registrar and Perusal of Constitution The payment methods suchas cash, money order, bank draft or banker’s cheque can be made and it shall bepay to the Suruhanjaya Syarikat Malaysia (SSM). Before lodging the applicationsto Registrar, there are some documents required to attach with. Applicationletter is the main object that shall be attached and it shall have the contentsof the reasons and categories of objects of incorporating the CLBG whichaccordance with the It shall be also included the detailed activities to becarried out, draft copy of Constitution, letter of consent of the promoter anddirector of act on their duties, a copy of, a copy if identification card andbiodata of the proposed director and promoter. The lodgement of the documentshall be sent to the address specified in the attached with the payable feesfor incorporating the company.incorporating a CLBG shall comply with andinformation such as details of director, shareholders, business coreactivities, registered address for the company and also the number and type ofshares provided application for incorporating a company shall provide theconsent of the promoters and directors to act as their best interest,otherwise, disqualification can be held. Documents which regarding theinformation of statutory declaration of director’s pre-appointment and beforethe incorporation of corporationOthers than that, Eternal Blessing HomeBerhad, a CLBG company shall stipulate in application which regarding of thetotal amounts of members who would like to undertake to contribute to providecompany’s assets when unforeseen circumstances like insolvency occurs in thecompany. As accordance with the Regulation 8 under the Companies Regulations2017, applications that of the CLBG will incurred a fee of RM3, 000.00.
Ifprocedures of application are followed and act accordingly, it seems to be actin a lawful way to the public interest and morality of MalaysiaAfter incorporating Eternal Blessing HomeBerhad, the appointment of company secretary shall be done within the period of30 days from the commencement date of incorporation as stated under Section 236of Companies Act 2016. First Board Meetingshall be held under 14 days since the date the company received the notice ofincorporation The purpose of holding a meeting is to ensure that the
